Brian McBenge v. State of Missouri

In the Missouri Court of Appeals Eastern District DIVISION FOUR BRIAN McBENGE, ) No. ED110102 ) Appellant, ) Appeal from the Circuit Court of ) St. Charles County vs. ) ) Honorable Deborah J. Alessi STATE OF MISSOURI, ) ) Respondent. ) Filed: December 20, 2022 I. INTRODUCTION Brian McBenge (“Movant”) appeals from the judgment of the Circuit Court of St. Charles County denying his Rule 29.151 motion for post-conviction relief without an evidentiary hearing. In his amended motion, Movant alleged his trial counsel was ineffective for, inter alia, failing to object to the trial judge sentencing…